Commentary

115 Damages, specific performance and injunctions

BUSINESSES vol 4(2) start-up, sale and purchase
| Commentary

115 Damages, specific performance and injunctions

| Commentary

(g) Breach, termination and dispute resolution provisions

115 Damages, specific performance and injunctions

Sometimes, a parting of the ways between business associates may be caused not by genuine differences of commercial outlook but by one party failing to comply with its contractual obligations and thereby placing itself in breach of contract. If the agreement contains no special provisions to deal with this situation, the parties’ position will be dictated by the normal rules of contract law.

The normal remedy for any breach will be contractual damages, with the aim of putting the innocent party or parties in the position it or they

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